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Legal Ethics
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May 13, 2025
CFTC Faces Sanctions For 'Bad Faith' Actions In Forex Case
The U.S. Commodity Futures Trading Commission is staring down sanctions in a case accusing a foreign exchange firm of fraud, with a special master recommending Tuesday that the agency pay the firm's legal fees for acting in bad faith in order to gain a "tactical advantage" in the case.
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May 13, 2025
MoFo DQ Sought In IP Case After Perkins Coie Ouster
A software developer pursuing intellectual property claims against another technology company in San Francisco federal court has followed through with its threat to seek removal of Morrison & Foerster LLP after it succeeded in disqualifying Perkins Coie LLP, arguing the firms worked closely together and new counsel is necessary to avoid prejudice.
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May 13, 2025
Ga. Justices Nix Atty Immunity Doctrine, Uphold Tossing Case
The Georgia Supreme Court on Tuesday overturned a long-standing attorney immunity doctrine that a lower court found shielded Barnes & Thornburg LLP from a legal malpractice suit, but the justices concluded that a onetime client's claims still fell short.
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May 13, 2025
Ex-Defender Can't Block Mystery Info In Sex Bias Case Appeal
The federal government can submit additional documents from a district court case record in an appeal by a former assistant public defender in North Carolina who accused the federal judiciary of sex bias, the Fourth Circuit ruled Tuesday over the assistant public defender's objections.
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May 13, 2025
Insurers Say McCarter Can't Blame NY Town In $22M Loan Suit
Two insurers asked a Connecticut judge to nix four of McCarter & English LLP's defenses in a $22.3 million lawsuit over the firm's role in crafting loans for recreational improvements in a Long Island, New York, town, saying the firm can't blame municipal officials while defending contract and malpractice claims.
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May 13, 2025
Suspended Atty Accused Of Bomb Threat Seeks To DQ Judge
A suspended attorney accused of threatening to firebomb a Nashville, Tennessee, federal courthouse wants to disqualify the judge handling his case, claiming he harbors a "deep-seated antagonism" toward his defense counsel over a previous trial that ended in "disaster."
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May 13, 2025
Fla. Medical Cos. Sue Akerman For Malpractice, Fight Fees Bid
After Akerman LLP filed suit against Rennova Health Inc. and medical laboratories for unpaid fees last month, the healthcare services company swung back with a motion to dismiss that case, while the labs filed their own malpractice lawsuits.
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May 13, 2025
Attys Push 11th Circ. To Weigh Judge Shopping Sanctions
The Eleventh Circuit can hear three attorneys' appeal of sanctions against them for judge shopping during their legal challenge to an Alabama law criminalizing gender-affirming care, because the underlying case was dismissed, making the jurisdictional question moot, two of those lawyers told the appellate court.
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May 13, 2025
Ga. Judge Resigns To End Ethics Probe Over Spending
A Georgia chief probate judge resigned Friday as part of a deal to end a state judicial ethics investigation into allegations that she improperly voided traffic payments to the court in multiple instances and used a county-issued card for a personal trip and lodging.
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May 13, 2025
Venable Wants Out Of 'It Ends With Us' Subpoena
Venable LLP asked a D.C. federal judge to toss a subpoena of the firm stemming from litigation between actors Blake Lively and Justin Baldoni over the movie "It Ends with Us," accusing Baldoni and his production company of embarking on an "unwarranted fishing expedition."
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May 13, 2025
Attys Invoke 5th Amendment In Mexican Bank Discovery Row
Lawyers for a Mexican businessman told a Houston federal court that sanctions are not warranted in their response to a subpoena amid discovery by a Mexican bank, arguing their client is justified in preserving his Fifth Amendment rights against self-incrimination.
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May 12, 2025
3M Says It'll Pay $285M To End Past, Future NJ PFAS Claims
3M has agreed to shell out $285 million to put to rest environmental claims brought by New Jersey officials over purported PFAS contamination at the Chamber Works manufacturing facility in Salem County as well as statewide claims the Garden State may have in the future, according to an announcement made Monday.
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May 12, 2025
Missouri Hit With Sanctions In Generics Price-Fixing Fight
A Connecticut federal judge Monday agreed to sanction and potentially dismiss for good the state of Missouri from antitrust litigation by state enforcers accusing generic-drug makers of conspiring to raise drug prices, finding Missouri violated a court order by ignoring the drugmakers' repeated discovery requests.
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May 12, 2025
DC Judge Grapples With Jurisdiction In ABA Grant Row
A D.C. federal judge wrestled with his court's jurisdiction Monday as the American Bar Association sought a court order reviving terminated federal grant funding for its Commission on Domestic & Sexual Violence.
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May 12, 2025
Ex-Trump Attys Can't Dodge Jan. 6 In Ethics Case, Panel Told
The Michigan Attorney Grievance Commission has told a disciplinary panel the events of Jan. 6, 2021, should be open for discussion at a hearing for attorneys accused of violating ethics rules by filing a challenge to the state's 2020 election results, despite commissioners having no plans to elicit testimony about the protests.
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May 12, 2025
Colo. Justices Undo DA's DQ From Judicial Stalking Case
The Colorado Supreme Court on Monday said a lower court erred in disqualifying a district attorney's office from prosecuting criminal claims against someone accused of stalking a trial court judge, finding the office's alleged conflicts of interest amounted to routine actions amid the normal course of business.
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May 12, 2025
Wyo. Atty Asks To Scrap Widow's Suit Over Millions In Assets
A Wyoming attorney hired to protect the assets of a lawyer who later took his own life is seeking an early exit from his widow's lawsuit laying claim to the money her late husband left behind, telling North Carolina's business court he has no ties to the state, where the complaint was filed.
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May 12, 2025
BigLaw Student Fellowship Faces Discrimination Charge
A new legal advocacy organization on Monday alleged that a decades-old program that partners with dozens of BigLaw firms to support incoming law students is racially discriminatory.
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May 12, 2025
Cadwalader Drops Data Breach Coverage Suit Against Lloyd's
Cadwalader Wickersham & Taft LLP and a Lloyd's of London syndicate it sued seeking coverage for litigation stemming from a 2022 data breach have agreed to end their dispute in North Carolina's business court with prejudice, according to a joint stipulation from the parties.
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May 12, 2025
Attys Face Sanctions Motion Over Combs Assault Suit
Comedian Drew "Druski" Desbordes wants a California federal court to sanction the attorneys who've accused him of participating in a violent Bay Area gang rape alongside embattled rapper Sean "Diddy" Combs, claiming they willfully ignored a mountain of exonerating evidence.
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May 12, 2025
Texas Judge Suspended Over Vote Harvesting Indictment
A Texas county judge was suspended without pay Monday by the state's judicial disciplinary body in connection with a felony indictment charging her with taking part in a vote harvesting scheme related to the 2022 election.
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May 12, 2025
Ex-California Court Commissioner Scolded For Texting Parties
A former California state court commissioner has been publicly reprimanded for engaging in unsolicited communications with several of the litigants who appeared before him, both in person and by text, according to an order Friday.
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May 12, 2025
Police Can't Axe Game Co. Subpoena In Eckert Seamans Fight
A Pennsylvania federal judge on Monday rejected the Pennsylvania State Police's bid to completely avoid a subpoena from a skill games company suing Eckert Seamans Cherin & Mellott LLC for an alleged conflict of interest, but noted that the department raised legitimate concerns about the subpoena's scope.
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May 12, 2025
Bradley Arant Faces DQ Bid In Georgia Mall Rent Dispute
A mall has urged a Georgia federal judge to disqualify Bradley Arant Boult Cummings LLP from representing a tenant in an unpaid rent dispute, arguing that the law firm has a conflict of interest because it has represented the mall's sister corporation in similar litigation.
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May 12, 2025
Lowenstein Wins Bid To Combine Dispensary Suits In NJ
A New Jersey state judge agreed Monday to Lowenstein Sandler LLP's request to have a pair of cases related to a dispute between the firm and a local cannabis dispensary consolidated.
Expert Analysis
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10 Arbitrations And A 5th Circ. Ruling Flag Arb. Clause Risks
The ongoing arbitral saga of Sullivan v. Feldman, which has engendered proceedings before 10 different arbitrators in Texas and Louisiana along with last month's Fifth Circuit opinion, showcases both the risks and limitations of arbitration clauses in retainer agreements for resolving attorney-client disputes, says Christopher Blazejewski at Sherin and Lodgen.
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Perspectives
The Benefits Of Aligning States On Legal Paraprofessionals
Texas' proposal to become the latest state to license paraprofessional providers of limited legal services could help firms expand their reach and improve access to justice, but consumers, attorneys and allied legal professionals would benefit even more if similar programs across the country become more uniform, says Michael Houlberg at the University of Denver.
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10 Soft Skills Every GC Should Master
As businesses face shifting regulatory and technological uncertainty, general counsel will need to strengthen certain soft skills to succeed, from admitting when they make a mistake to maintaining a healthy dose of dispassion, says Douglas Brown at Manatt.
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An Unrestrained, Bright-Eyed View Of Legal AI's Future
Todd Itami at Covington offers a bright-eyed, laughing-all-the-way, skydive look at what the legal industry could look like after an artificial intelligence revolution, which he believes may happen much sooner and more dramatically than we expect.
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Tracking The Evolution In Litigation Finance
Despite continued innovation, litigation finance remains an immature market with borrowers recieving significantly different terms as lenders learn to value cases, which firms need a strong handle on to ensure lending terms do not overwhelm collateral value, says Robert Wilkins at Lightfoot Franklin.
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Series
Volunteer Firefighting Makes Me A Better Lawyer
While practicing corporate law and firefighting may appear incongruous, the latter benefits my legal career by reminding me of the importance of humility, perspective and education, says Nicholas Passaro at Ford.
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E-Discovery Quarterly: The Perils Of Digital Data Protocols
Though stipulated protocols governing the treatment of electronically stored information in litigation are meant to streamline discovery, recent disputes demonstrate that certain missteps in the process can lead to significant inefficiencies, say attorneys at Sidley.
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Series
Law School's Missed Lessons: Preparing For Corporate Work
Law school often doesn't cover the business strategy, financial fluency and negotiation skills needed for a successful corporate or transactional law practice, but there are practical ways to gain relevant experience and achieve the mindset shifts critical to a thriving career in this space, says Dakota Forsyth at Olshan Frome.
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A Cold War-Era History Lesson On Due Process
The landmark Harry Bridges case from the mid-20th century Red Scare offers important insights on why lawyers must be free of government reprisal, no matter who their client is, says Peter Afrasiabi at One LLP.
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Series
Improv Makes Me A Better Lawyer
Improv keeps me grounded and connected to what matters most, including in my legal career where it has helped me to maintain a balance between being analytical, precise and professional, and creative, authentic and open-minded, says Justine Gottshall at InfoLawGroup.
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How BigLaw Executive Orders May Affect Smaller Firms
Because of the types of cases they take on, solo practitioners, small law firms and public interest attorneys may find themselves more dramatically affected by the collective impact of recent government action involving the legal industry than even the BigLaw firms named in the executive orders, says Reuben Guttman at Guttman Buschner.
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Opinion
Lawsuits Shouldn't Be Shadow Assets For Foreign Capital
Third-party litigation financing amplifies inefficiencies from litigation and facilitates national exposure to foreign influence in the U.S. justice system, so full disclosure of financing arrangements should be required as a matter of institutional integrity, says Roland Eisenhuth at the American Property Casualty Insurance Association.
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How To Accelerate Your Post-Attorney Career Transition
Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.
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Series
Law School's Missed Lessons: Be An Indispensable Associate
While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.
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Series
Birding Makes Me A Better Lawyer
Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.